Definitions

1  In this Act:

"commission" means the British Columbia Racing Commission under the Horse Racing Act;

"operator" means a person who

(a) operates a racecourse or holds a race meeting, or

(b) is in any manner the custodian or depositary of money that is staked or deposited in the making of a bet referred to in this Act;

"race meeting" has the same meaning as in the Gaming Control Act.

 Tax imposed on persons betting at racecourses

2  (1)  For raising revenue for government purposes there must be levied and collected, in the manner provided in this section from every person who bets in British Columbia on a race held in British Columbia or elsewhere under the system known as the pari mutuel, a tax to be paid to the government equal to 7% of the amount of money deposited by that person with the operator at the time of making the bet.

(2)  Without an appropriation other than this section, the minister must pay to the commission, in accordance with the regulations, amounts equivalent to the net revenue received by the government from the tax imposed under this Act.

(3)  Subject to subsection (4) and the regulations, the money paid to the commission under subsection (2) must be used by the commission for the following purposes:

(a) to improve horse racing in British Columbia by means of

(i)  supplementing purses awarded to owners of horses bred, born and raised in British Columbia,

(ii)  maintaining a breeders' incentive fund, and

(iii)  making grants for

(A)  the operation of breeder societies in British Columbia,

(B)  the establishment or the improvement of horse racing facilities in British Columbia,

(C)  the covering of costs of feasibility studies and research, and the assessment of either or both of them, and any other similar costs for purposes of the establishment or improvement of facilities referred to in clause (B),

(D)  the operation of race courses and horse racing meets in British Columbia, and

(E)  equine health research;

(b) to improve the economic viability of horse racing in British Columbia by means set out in an annual plan approved under subsection (4);

(c) to meet the costs of operation of the commission.

(4)  Each year, the commission must submit for approval by the minister responsible for the administration of the Horse Racing Act, an annual plan setting out, in the form and manner specified by that minister,

(a) the means by which the commission proposes to improve the economic viability of horse racing in British Columbia for the following year, and

(b) all proposed spending by the commission under subsection (3) for the following year.

(5)  The commission must annually account to the minister for the disbursement of money received by it for the purposes of this Act.

(6)  When money on which a tax is imposed by this Act is deposited with an operator for the purposes of making a bet, the operator must

(a) collect the tax by deducting the tax from the money deposited with the operator before recording or applying the money in making a bet,

(b) record and report all money deposited, bets made and tax collected, and

(c) pay over all amounts of tax collected, at the times and in the manner provided by the regulations under this Act.

(7)  If a person fails to pay over all amounts of tax at the times provided by the regulations, the person must pay interest on the overdue amount at a rate prescribed by the Lieutenant Governor in Council.

(8)  A person who contravenes subsection (6) commits an offence and is liable

(a) on a first conviction, to a fine of not less than $200 and not more than $500, and

(b) on a subsequent conviction, to a fine of not less than $500 and not more than $2 000.

 Trust obligations of person collecting tax

3  A person who receives or collects money by way of tax under this Act is deemed to hold it in trust for the government and for the payment over of it in the manner and at the time provided under this Act.

 Officer authorized by minister to enforce Act

4  The officer authorized by the minister has the duty of enforcing this Act under the direction of the minister and in accordance with the regulations, and must carry out the minister's directions.

 Powers of inspection

5  A constable or officer of the Royal Canadian Mounted Police or of a municipal police department and a person authorized by the minister may enter a site at which a race meeting is held to ascertain if this Act is complied with.

 Commission to operators

6  The minister may allow the operator or any other person, on the tax collected by that person under this Act, a commission set by the Lieutenant Governor in Council.

 Power to make regulations

7  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the records or reports that must be made or kept by a person who is the custodian or depositary of money staked or deposited in the making of a bet for a race under the pari mutuel system, and providing for the auditing and inspection of the records or reports;

(b) prescribing the times and manner of the accounting for, depositing and payment over by any person of all tax money received or collected by the person under this Act;

(c) establishing a formula or other program for the disbursement by the minister to the commission of the money referred to in section 2 (2) for the purposes referred to in section 2 (3);

(d) requiring that a prescribed amount or percentage of the money the commission is paid under section 2 (2) be used by the commission for the purpose described in section 2 (3) (b).